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Understanding the Race
Discrimination
Ordinance A Guide for Foreign Domestic Helpers and their Employers
English version
August 2010
1
Content
Foreword 2
Chapter I Major Concepts and Definitions in the Race Discrimination
Ordinance 3
1.1. What is race? 3
1.2. Is discrimination based on religion or language
considered as discrimination on the ground of race
under the RDO? 3
1.3. What is the applicability of the RDO? 3
1.4. What is discrimination? 4
1.5. What is racial harassment? 4
1.6. Discrimination by way of victimization 6
1.7. Racial vilification 6
1.8. What is the employer’s liability? 6
Chapter II - The Race Discrimination Ordinance in Everyday Life
2.1. On application of the RDO 9
2.2. On salary 9
2.3. On rest days/holidays 10
2.4. Religion 11
2.5. Visit to the hospital 11
2.6. On accommodation 12
2.7. On liability 12
2.8. Termination of contract 14
2.9. In relation to the employment agency 15
Chapter III - Filing a complaint to the EOC
3.1. How can I lodge a complaint with the EOC? 17
3.2. Who can lodge a complaint? 17
3.3. Is there any time limit for lodging a complaint? 17
3.4. What should be included in the complaint? 17
3.5. Can I still lodge a complaint if I have to leave Hong Kong
immediately?
3.6. How does the EOC investigate into complaint? 18
3.7. What is the conciliation? 18
3.8. How does the EOC conciliate the complaint? 19
3.9. What are my options if conciliation fails? 19
Chapter IV - Good practices to maintain racial harmony at home 20
Supplementary explanation 23
2
Understanding the Race Discrimination Ordinance
A Guide for Foreign Domestic Helpers and their Employers
- kkkkIs it accepta - - ble to ask your helper not to wear headscarf?
Foreword
More than half of the ethnic minorities in Hong Kong work as domestic
helpers. Hong Kong’s anti-discrimination ordinances—Sex Discrimination
Ordinance, Cap. 480, Family Status Discrimination Ordinance, Cap 527,
Disability Discrimination Ordinance, Cap 487 and Race Discrimination
Ordinance, Cap 602—provide protection to them during their stay and
employment from discrimination on the ground of sex, marital status,
pregnancy, family status, disability and race.
This booklet provides a general overview of the RDO and its relevant
provisions as they apply to employers and foreign domestic helpers. It
also explains the role of the Equal Opportunities Commission (EOC) in
implementing the RDO. This booklet is meant to serve as a guide only.
Employers and foreign domestic helpers are encouraged to consult the
EOC or seek independent legal advice if they need explanation or
interpretation on specific aspects of the RDO or any other
anti-discrimination ordinances.
Do you know how the Race Discrimination Ordinance, Cap 602
(RDO) applies to you? Do you know your rights and responsibilities under the RDO? Do you know that the RDO also applies to your household
members? Is it permissible to select your helper on the basis of race? Does the RDO apply to discrimination on the grounds of religion
and language?
3
Chapter I
Major Concepts and Definitions in the Race Discrimination Ordinance
The Race Discrimination Ordinance
The RDO came into effect in July 2009. It is an anti-discrimination
ordinance which prohibits discrimination, harassment and vilification on
the ground of a person’s race. The RDO also gives the EOC the function
of eliminating such discrimination, harassment and vilification as well as
promoting equality and harmony among people of different races.
1.1. What is race?
Race in relation to a person is the race of that person, such as being
Chinese or Indian etc.; the colour of that person, such as being black,
brown or white etc.; the person’s “descent”, such as his or her caste, and
inherited status or social stratification; the national origin of that person,
such as being a Sri Lankan, or the ethnic origin of that person such as
being a Tamil.
1.2. Is discrimination based on religion or language considered as
discrimination on the ground of race under the RDO?
Discrimination based on religion or language is not by itself considered
as discrimination on the ground of race under the RDO. However, a
requirement, condition or provision relating to religion and/or language
may lead to indirect discrimination. Please see question 1.4 for detailed
explanation.
1.3. What is the applicability of the RDO?
The RDO is applicable to all employers, including the employers of
foreign domestic helpers. The RDO allows employers of foreign domestic
helpers to select their helpers on the basis of race. The other provisions
in the RDO become applicable once the employment contract takes
effect, which may be at the time when the helper enters Hong Kong (in
the case where the helper has to wait for her/his employment visa
outside Hong Kong), or when the approval to work is issued by the
Immigration Department (in the case where the new helper is not
4
required to leave Hong Kong pending the approval from the Director of
Immigration).
The RDO applies even when the helper has to perform her/his duties
outside Hong Kong for a short period of time, such as when the
employer takes the helper along for holiday.
1.4. What is discrimination?
A person may claim discrimination under the RDO if she/he is treated
less favorably because of her/his race. This is called direct discrimination.
Indirect discrimination in employment may occur when an employer
imposes a requirement which applies to everyone regardless of their
race. However, as a result of that requirement, people from a certain
race are disadvantaged (because only a smaller proportion of members
from that racial group can comply with such a requirement compared
with people from other racial groups) and there is no justification for the
employer to impose such a requirement. For instance, if an employer
requires his/her domestic helper to eat pork or pig products only without
making alternative arrangements, this could pose a problem for the
Indonesian domestic helpers, majority of whom are Muslims, and may
be subjecting them to a detriment. They may also feel pressurized to quit
their jobs due to this condition.
1.5. What is racial harassment?
Racial harassment is any unwelcome conduct towards another person on
the ground of his or her race. There are two types of racial harassment:
A domestic helper can claim that she/he is discriminated against if
she/he:
1. receives less favorable treatment, and
2. has a reason to believe that the reason for the treatment is
her/his race.
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(1) Unwelcome conduct harassment
Section 24 (12) of the RDO prohibits an employer and other
household members to engage in unwelcome conduct on the
ground of the domestic helper’s race. Examples of such act may
include:
an oral or a written statement containing derogatory remarks or
insults;
racial jokes, banter, ridicule or taunts;
using offensive tone when communicating with people on the
ground that they belong to certain racial groups;
selectively imposing excessive workload on people of certain
racial groups;
name calling; or
unnecessarily picking on the individuals from particular racial
groups.
(2) Hostile environment harassment
The employer, alone or together with other persons, engages in
conduct that creates an environment which intimidates the
domestic helper on the ground of her/his race. For instance, an
employer allows other household members to put up a poster or
newspaper clipping which contains derogatory remarks about the
domestic helper’s race. This could make their domestic helper feel
offended or intimidated even though the employer or the
household members did not intend to offend or intimidate their
helper.
POINT TO NOTE
In a racial harassment case, the act can be done with or without the
intention to harass. If the domestic helper feels offended or insulted
by a certain act on the ground of her/his race in circumstances where
a reasonable person would have anticipated that the helper would be
offended, humiliated or intimidated, the act is considered racial
harassment.
6
1.6. Discrimination by way of victimization
Discrimination by way of victimization occurs if an employer or his/her
family member treats the helper less favourably by reason that the
helper has done or intends to do or is suspected to have done or
intending to do the following:
(1) Lodge a complaint under the RDO;
(2) Give information or evidence in connection with a complaint
brought under the RDO;
(3) Allege that someone has contravened the RDO (except where the
allegation is false and not made in good faith).
The following example could constitute discrimination by way of
victimization. A domestic helper complains to her employer that she was
harassed by one of the employer’s family members, who hurled racial
slurs at her, and informs that she would lodge a complaint to the EOC if
the practice did not stop. As a result, the employer decides to terminate
the helper’s contract. In such a situation, the helper can claim that she
has been discriminated by way of victimization by the employer.
1.7. Racial vilification
RDO section 45 makes it unlawful for a person, by any public activity, to
incite hatred towards, serious contempt for, or severe ridicule of
another person(s) on the ground of race. An activity in public includes
any form of communication to the public or conduct observable by the
public.
For instance, if an employer becomes angry in public over the domestic
helper’s mistake and starts blaming the mistake on her race aloud and
such remarks contain serious contempt for or severe ridicule of the
helper, this could be considered as racial vilification. Putting a statement
on the Internet accessible by the public which incites hatred, serious
contempt or severe ridicule towards someone on the ground of race
could also be considered as racial vilification.
7
1.8. What is the employer’s liability?
Under the RDO, employers are liable for their own act and the unlawful
acts committed by their employees. Employers may also be liable for
creating a hostile or intimidating environment for the domestic helper if
the employer encourages or knowingly allows other household members
to harass the helper (even if the employer does not engage in the
harassment himself or herself). The employer should take reasonably
practicable steps to prevent such incident from happening, especially if
the helper brings the harassment to the employer’s attention.
An employer may also be liable for a discriminatory act if the employer
authorizes the employment agency to recruit a helper of a particular race
who would be willing to work for less than the contractual entitlement.
While the RDO allows the employers of foreign domestic helpers to
select their helpers based on their race, it prohibits an employer from
offering less favourable terms and conditions of employment based on
the employee’s race. Therefore, under the RDO, it is unlawful for an
employer to ask an agent to recruit a helper from a particular race so
that the employer can pay that helper less than another helper from a
different race. The agency will be held liable if it knowingly aids the
employer in such an unlawful act, ie. to offer less favourable
employment terms to the domestic helper based on her/his race.
POINT TO NOTE
Section 24 (12) of RDO prohibits any person who resides in any
premises to harass another person who is employed to work there.
The RDO also applies to minors. We encourage all employers to
emphasize the importance of racial equality and compliance with the
RDO to their household members.
8
Chapter II
The Race Discrimination Ordinance in Everyday Life
2.1. On application of the RDO
For employers
Q1.1. Can I ask my employment agency to find me a Thai helper?
A Yes, you can. The RDO allows employers to select their helpers
based on their race.
Q1.2. I decided to hire my domestic helper directly from Thailand
and signed a contract with her. Later I changed my mind and
wanted to hire a Filipino helper instead. Can I do that?
A The RDO applies once the employment contract takes effect.
This may happen even if your helper has not started working
for you. Therefore, you cannot change your mind on the
ground of race after the contract comes into effect.
2.2. On salary
For employers
Q2.1. Can I pay my Sri Lankan helper less than my Filipino helper?
A Firstly, you could be committing a criminal offence to pay your
foreign domestic helper less than minimum allowable wage as
fixed by the Hong Kong government. Therefore, you should not
pay any of your helper less than the minimum allowable wage.
Secondly, you should not pay one helper higher than the other
on the ground of race. You may only pay different wages on
non-racial grounds such as experience, qualification, job
requirement, etc. It is best if you communicate your reasons to
the helper who receives a lesser salary, so that she or he would
not feel that you pay her/him less due to her/his race.
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Q2.2. I have two helpers from different races. One of them is quite
careless. She broke a few things in my house. I therefore
decided to deduct the cost of damage from her salary. My
helper said that I discriminated against her because of her race
when I only exercised my rights as an employer. What does
RDO say about this?
A You may discipline employees on the ground of performance.
Nevertheless, if you deduct the salary of your helper who
comes from race A, but never deduct the salary of your other
helper who comes from race B when she/he did similar things
as the helper from race A, then this action could be considered
as direct discrimination and a violation of the RDO. Please
note that the Employment Ordinance also has a special
provision on salary deduction. Please refer to the Labour
Department’s publications on this subject.
For domestic helpers
Q2.3. What can I do if my employer pays me less than the minimum
allowable wage?
A If you think you receive less than the minimum allowable wage
because of your race, you can consult with the EOC and/or
lodge a complaint under the RDO. You can also report the
underpayment to the Labour Department at the same time.
You can seek assistance, if necessary, from NGOs, your
respective Consulate or Trade Union to help you in lodging
your complaint with the EOC or with the Labour Department.
Q2.4. What should I do if I receive minimum allowable wage but less
than my co-worker who is of a different race?
A You should speak to your employer and find out the reason
why your employer pays you less than the other worker. Your
employer needs to have a proper justification for paying you
less. If there is no satisfactory explanation and you cannot find
any other reason for this difference other than your race, you
can consult the EOC for possible complaint under the RDO.
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2.3. On rest days/holidays
For employers
Q3.1. The employment agency suggested that I hire an Indonesian
helper instead of a Filipino helper because an Indonesian helper
will agree to forfeit her statutory holidays in exchange for 3 days
of Indonesian holidays, such as Muslim Festival, New Year and
Independence Day. Can I do so as suggested by the employment
agency?
A If you give an Indonesian helper leave on those three days on
condition that she/he will forfeit the remaining 9 statutory
holidays set out by the Employment Ordinance, Cap 57 because
of her/him being an Indonesian but you would not do the same
for a Filipino helper because of race, then this could be
considered as direct discrimination under the RDO. You could
also be violating the Employment Ordinance.
Q3.2. Can I refuse my helper’s request if she/he would like to take a
day off on a working day to celebrate her/his religious, cultural
or national day or attend other events important to her/him?
A If you need your helper to work on such a day and there is no
practicable alternative, then you should explain to your helper
why you cannot accede to the request. However, we encourage
you, as a good employer, to strike a balance and find an
alternative solution so that both parties’ needs are
appropriately addressed.
For domestic helpers
Q3.3. Is it discrimination if my employer does not allow me to
exchange my rest day with my cultural holiday, while she/he
made me work on her cultural holiday which fell on my rest
day?
A Your employer’s refusal to grant you day off during your cultural
11
holiday or during her/his cultural holiday may not necessarily
constitute a discriminatory act. This will depend on her/his
reasons for not granting you such a request. You can consult the
EOC if you have a reason to believe that your employer’s
decision is based on your race.
2.4. Religion
For employers
Q4.1. I have a Muslim helper. She is an Indonesian. When I hired
her, I did not realize that she has to pray five times a day. Can I
ask my domestic helper to stop praying?
A Under the RDO, religion itself is not race. However, certain
requirements which are related to religion may constitute
indirect discrimination. For instance in this case: If (i) you
impose a requirement by asking your helper not to pray; (ii) you
do not have any proper justification to impose such a
requirement; (iii) your requirement will mainly affect the
Indonesian domestic helpers because a higher number of
Indonesians are Muslims in comparison to domestic helpers
from other races; and (iv) your helper suffers a detriment due to
this requirement, e.g. she feels pressurized to resign from her
post, this may constitute indirect discrimination.
Q4.2. Can I ask my Muslim helper not to wear a headscarf at home?
A Headscarf (Hijab) is part of Muslim women’s everyday attire.
The principle explained in Q4.1. also applies here. You can ask
your helper to adjust the length of her scarf if that affects her
safety at work. However, you should not ask your helper not to
wear her headscarf at home, without a justifiable reason.
2.5. Visit to the hospital
For domestic helpers
Q5.1. My employer insists that she/he would accompany me to see a
12
doctor or if I need to go to the hospital. The doctor/nurse
generally speaks to my employer directly and my employer does
not always explain what the doctor says to me. Is this
discrimination and what can I do about it?
A Your employer’s request to accompany you to the hospital may
not be considered as discrimination. However, your employer
would need your consent before she/he can be present during
your medical appointment. As a patient, you have the right to
ask your doctor or nurse to explain your medical condition to
you directly without the presence of other people. If you do not
understand the language spoken, you can ask the hospital to
provide you with an interpreter or you can contact the
Community Interpretation Service on telephone number 3106
3104 and request interpretation service through the telephone.
2.6. On accommodation
For employers
Q6.1. My daughter does not like to share her room with our domestic
helper. Is it unlawful to ask my helper to sleep in the living
room?
A If your domestic helper considers that your decision to make her
sleep in the living room is due to her race, then she may think
that you are racially discriminating against her. Additionally, it is
important to ensure that you provide your domestic helper with
appropriate accommodation as stated in the schedule of
accommodation and domestic duties which is part of your
helper’s employment contract.
2.7. On liability
For employers
Q7.1. As I am very busy with my work and travel frequently, I asked my
mother who is living together with me to deal with my helper
on a daily basis, such as giving instructions to my helper relating
13
to her duties, handing over her salary, etc. My helper once
complained that my mother racially harassed her by using a
racial slur. If my helper’s allegation is true, did my mother
contravene the RDO? Am I responsible for my mother’s act?
A Using racial slurs during a conversation could be considered
racial harassment and a violation of the RDO. We should avoid
using racial slurs, banters or jokes at all times. Therefore, if your
mother used racial slurs during a conversation with your helper,
whether with or without ill intention, she might have committed
racial harassment towards your helper. In that case, your
mother would be liable for her own act. If you do not take
appropriate action to rectify the situation after your helper talks
to you about this, you may also be liable for creating a hostile or
intimidating environment for your helper by encouraging or
knowingly allowing racial slurs.
Q7.2. Would I be held responsible if one of my relatives in Mainland
China racially harassed my helper while we were there for a
short holiday?
A The RDO applies even when you go for a short holiday outside
Hong Kong. Therefore, there is a possibility that you will be
liable for creating a hostile or intimidating environment for your
helper together with your relatives if you do not take any action
to stop the harassment.
Q7.3. What should I do if my helper claims that my other helper
racially harassed her? Am I liable for my other helper’s act?
A As an employer, you are liable for your employee’s act if she/he
racially discriminates or harasses your other employee(s) unless
you have taken reasonable practicable steps to prevent your
other employee from doing so. You also have an obligation to
handle the complaint of your helper.
For domestic helpers
Q7.4. What would I need to do if my employer’s other helper racially
14
harassed me?
A You should talk to your employer if your co-worker racially
harassed you. Your employer should deal with your complaint
and take the necessary steps to prevent such an incident from
happening again. You are advised to make a note of the details
and the time of the incident as this information will be useful if
you decide to lodge a complaint with the EOC. You can lodge a
complaint against the other helper for racially harassing you.
You can also lodge a complaint against your employer as your
employer is liable for the act of your co-worker unless the
employer has taken reasonably practicable steps to prevent your
co-worker from doing so.
2.8. Termination of contract
For employers
Q8.1. I have two domestic helpers who come from different ethnic
backgrounds. They do not get along with each other. Therefore,
I decided to replace one helper with a new helper belonging to
the same ethnic group as the one I retain. Am I allowed to do
that?
A If you terminate one helper because you would like to retain the
other helper on racial ground, then this would be considered as
a violation of the RDO. If you terminate your helper based on
non-racial grounds such as performance or other personal
POINT TO NOTE
In a racial harassment case, the act can be done with or without the
intention to harass. If the domestic helper feels offended or
insulted by a certain act on the ground of her/his race in
circumstances where a reasonable person would have anticipated
that the helper would be offended, humiliated or intimidated, the
act is considered racial harassment.
15
qualities which are unrelated to race, it may not be considered
as discrimination under the RDO.
Q8.2. Would I be accused of racial discrimination if I terminate the
contract of one of my helpers because she/he keeps
complaining that my other helper racially harasses her/him?
A If your helper A complains against helper B because B harassed
or discriminated A on the ground of A’s race and you decide to
terminate A’s contract because of A’s complaints, this could be
considered as a discriminatory act against A by way of
victimization. Discrimination by way of victimization is unlawful
under the RDO.
2.9. In relation to the employment agency
For Employers
Q9.1. My employment agency told me that I could hire Indonesians,
Sri Lankans, Indians and Nepalese and pay them less than the
minimum allowable wages. Am I liable under the RDO if I follow
my agency’s suggestion?
A Under the RDO, it is unlawful to offer different employment
conditions based on a person’s race even if you act upon your
employment agency’s suggestion. You will be held liable if you
underpay your helpers because of her/his race. In addition to
this, you would also breach the employment law on minimum
allowable wage and could be subject to prosecution. Please
refer to the Labour Department’s publications on this subject.
Q9.2. I had to pay agency fee for renewal of my helper’s contract. My
agency told me that I should ask my helper to shoulder half of
the fee. Is it acceptable?
A If you require your helper to contribute to the contract renewal
fee because the employment agency advised you to do so
saying this is a common practice for domestic helpers from a
certain race, this may constitute a discriminatory act against
16
your helper based on her/his race and a violation of RDO.
For domestic helpers
Q9.3. What can I do if the employment agency tells me to pay for my
contract renewal fee and asks me to work for a lower salary and
accept fewer rest days than stipulated in the contract?
A Your agency should not propose less favourable terms and
conditions on your employment based on race. Your employer is
also prohibited from doing so. You can consult the EOC if you
have a reason to believe that you are receiving less favourable
employment conditions because of your race. You may also
consult the Labour Department for possible violations under the
employment law.
POINT TO NOTE:
A domestic helper can claim that she/he is discriminated against if
she/he:
1. receives less favorable treatment, and
2. has a reason to believe that the less favorable treatment is meted
due to her/his race.
To prevent themselves from committing discrimination, we
recommend employers to engage in regular self examination by
asking questions such as: “Am I behaving in this way because my
helper is from a particular race? Would I have treated her/him
differently if she/he were from another race?”
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Chapter III
Filing a complaint to the EOC
3.1. How can I lodge a complaint with the EOC?
The law requires that complaints be lodged with the EOC in writing.
Complaints can be submitted online, or by mail, facsimile,
electronic mail or in person. You may make use of the complaint
form provided by the EOC.
A complainant can approach the EOC if she or he has difficulties in
writing their complaints or have questions about the
anti-discrimination ordinances and the complaints procedures. You
can call the EOC hotline on 2511 8211 or e-mail to EOC at
[email protected] to request for assistance. If you have
language problem, we can also provide you with an interpreter
upon request.
3.2. Who can lodge a complaint?
You can either lodge it yourself or appoint a representative to do it
on your behalf.
3.3. Is there any time limit for lodging a complaint?
You should do it within 12 months from the time the incident
occurred if you wish to lodge a complaint with the EOC. If you
decide to take legal proceedings with the District Court, you should
do so within two years.
3.4. What should be included in the complaint?
Complaints should include:
Date and details of the incident
Personal information such as name and contact information
18
Name and contact details of the respondent(s)
Information supporting your claim of unlawful acts
Details of any detriment or emotional disturbance you have
suffered because of the discriminatory act
Information on witness(es) and their contact details
3.5. Can I still lodge a complaint if I have to leave Hong Kong
immediately?
You can lodge a complaint with us even if you are not in Hong
Kong. You can lodge a complaint personally from home country
and we will communicate with you through letters, emails,
telephone calls or other suitable means. You can authorize your
friend, relative, trade union or other representative in Hong Kong
to represent you in the complaint. However, your presence in Hong
Kong may be required at a later stage.
Investigation and Conciliation
3.6. How does the EOC investigate into the complaint?
Upon receipt of the complaint the EOC will first assess the case
(additional information may be requested) and then notify the
respondent(s) about the complaint. The EOC will show the
respondent(s) the relevant details or evidence of the complaint and
ask for their response to the complaint and answer to questions
posed to them. Responses are then made available to the
complainant for rebuttal. Witness statements are taken and
pertinent materials gathered to determine if the case should
proceed to conciliation or be discontinued. All information gathered
during the investigation stage is kept confidential from third parties
but may be used in court proceedings. The time taken by the EOC in
investigating a complaint will not be counted in the two years
limitation period for taking legal action in the District Court.
19
3.7. What is conciliation?
Conciliation is a voluntary process, when different parties are
brought together to look for ways to resolve the dispute.
Conciliation looks for common ground to help resolve the matter to
the satisfaction of both parties so that both can move beyond the
dispute. As the conciliation process allows for both parties in the
dispute to have their say, it is possible for each side to come to a
better understanding of the other's position. This can help to
eliminate misunderstandings based on incorrect assumptions or
information and to achieve a real change in attitude. All
information gathered in the conciliation process is kept confidential
and will not be used for court proceedings.
3.8. How does the EOC conciliate the complaint?
Generally, an officer of the EOC will act as the conciliator assisting
both parties to examine the issues that led to the complaint,
identify points of agreement and negotiate a settlement of the
dispute. The settlement agreement is equivalent to a contract and
is legally binding. The conciliator would act fairly and impartially to
help the parties resolve their problems. The terms of settlement
would depend on the nature of the dispute and mutual agreement
of the parties. It could be in the form of reinstatement, letter of
apology or monetary settlement. Please read the EOC brochure
“What is Conciliation” for additional information.
3.9. What are my options if conciliation fails?
If the conciliation fails, the complainant can apply to the EOC for
legal assistance. Legal assistance could include legal advice,
representation by the EOC’s lawyers or outside lawyers or any
other forms of assistance the EOC considers appropriate.
Applications for legal assistance are considered by the Legal and
Complaints Committee of the EOC. Alternatively, the complainants
can also commence legal proceedings by taking the matter to Court
themselves, or, approach the Legal Aid Department of the Hong
Kong SAR Government for assistance.
20
Chapter IV
Good practices to maintain racial harmony at home
Employing a foreign domestic helper at home is a common practice in
Hong Kong. Even though the domestic helpers perform duties inside the
domestic sphere, they are still employees and good working relationship
should be maintained at all times. We advise you to maintain racial
harmony at home by:
4.1. Communicating your needs clearly to each other before
employment
Some domestic helpers do not eat pork or pig product due to their
religion. Therefore an employer’s requirement for a Muslim domestic
helper to handle pork or eat pork needs to be clearly stated before
offering employment. On the other hand, if the employer has concerns
about the colour of the domestic helper’s praying clothes or the
headscarf, it is advisable that this issue be discussed before recruitment
of the domestic helper. Similar discussions should be held on the issues
of holiday, sleeping arrangement, working arrangement, dress code, etc.
It is also advisable for employers to explain their habits and state
expectations so that the domestic helper knows exactly what is expected
from her/him.
4.2. Understanding each other’s culture better
Many people from South East Asian countries consider it impolite to look
into their employer’s eyes when speaking to them. Therefore, domestic
helpers who come from these regions may look downwards during
conversation with their employers. Employers may interpret this as being
disrespectful, when in fact this is not the intention of the helper.
Likewise, many South East Asians prefer to eat rice three times a day.
They also consider touching someone on their head, pointing with
fingers or toes as rude. Therefore, a friendly gesture from the employer
may be misinterpreted as an insult. For instance, Thais consider their
heads a sacred part of their bodies. Therefore, they feel uncomfortable
to have anything hanging above their heads. On the other hand, some
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Chinese employers consider white colour, which many domestic helpers
use for their prayer clothes, as a colour connoting bad luck. Therefore,
we encourage employers and foreign domestic helpers to learn about
each other’s culture to reach mutual understanding.
4.3. Understanding the religious requirements of the domestic helper
A Christian domestic helper would like to go to Church on Sundays. A
Buddhist and a Hindu domestic helper may need to visit temples from
time to time. A Muslim domestic helper may want to wear a headscarf
and pray five times a day, fast during Ramadan (an auspicious month for
Muslims when they only eat and drink before sunrise and after sunset),
and celebrate Muslim festivals by mass prayer and visiting friends and
relatives.
We encourage employers to discuss the above requirements with their
domestic helpers before commencement of work, such as which room
the domestic helper can use to pray, the preferred colour of
headscarf/praying clothes, alternative arrangement for the domestic
helper who needs to go to church on Sunday or to the temple or pray
during the Muslim festivals, etc.
Some employers are also religious. Therefore, we encourage employers
to communicate their religious needs or practices to their domestic
helpers.
4.4. Avoiding racial slurs and commenting on the other’s race
Employers and domestic helpers should not use racial slurs at any time
or pass comments on each other’s race, religions, culture or habit.
4.5. Informing household members about the RDO and promoting
racial equality and harmony at home
To prevent racial discrimination or harassment at home, the employers
are advised to emphasize the importance of adhering to the RDO to their
household members and also to promote racial equality and harmony at
home. It is important for other household members, including all
domestic helpers employed in the household to understand their liability
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under the RDO.
4.6. Maintaining direct communication
Employers are advised to maintain direct communication with the
domestic helpers based on mutual respect, so that they understand that
they can speak to the employer if they feel they are receiving less
favourable treatment or being harassed during their employment. We
encourage domestic helpers to communicate with their employers if they
feel they are being treated less favourably so that the employer can
address the issue. We also encourage employers to use plain language,
which is easier to understand, while communicating with domestic
helpers in order to avoid misunderstanding.
4.7. Striking a balance between the employers’ needs and their
helpers’ cultural, racial and religious needs
Employers are advised to maintain a balance between their needs and
their helpers’ needs. They are also advised to address their helper’s
concern whenever their helper approaches them on specific
employment issue. Creating a working condition which is based on
mutual respect for each other will create a long term harmonious
working relationship and win-win situation for all.
Employers and foreign domestic helpers are advised to understand their
rights and obligations under other existing anti-discrimination ordinances,
namely Sex Discrimination Ordinance, Disability Discrimination
Ordinance and Family Status Discrimination Ordinance. If you have
doubts about whether certain practices contravene any section of the
anti-discrimination ordinances, you can contact our hotline (listed below)
for advice. Our officer will answer your questions. You can also come to
our office where our officer would meet with you and address your
concern.
The EOC is a forefront organisation in promoting equality and
non-discrimination. If you need further information regarding your rights
under Hong Kong’s anti-discrimination ordinances, the EOC and its
complaint handling procedure, please contact:
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Equal Opportunities Commission
19/F Cityplaza Three, 14 Taikoo Wan Road
Taikoo Shing, Hong Kong
Hotline: 2511 8211
Email: [email protected]
Website: http://www.eoc.org.hk
Office hour: Monday to Friday from 8:45 am to 5:45 pm
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Supplementary explanatory notes
The contents of this booklet are written mainly from the perspective of
promoting racial equality and racial harmony. Some matters dealt with in
this booklet may also be subject to other laws and regulations, for
example the Immigration Ordinance, Cap 115 and the Employment
Ordinance, Cap 57. Where other laws and regulations also apply, this
booklet should be read subject to the requirement of the relevant laws
of relevant authorities. You may wish to consult the Immigration
Department and the Labour Department regarding such laws and
regulations.